Terms of Service
1. Provider and scope
These Terms of Service (“Terms”) govern the use of the atomAI desktop application, the website atomai.pro and all related services (together, the “Service”), operated by the provider named in the Imprint (“we”, “us”). By creating an account or using the Service you agree to these Terms. Mandatory consumer-protection law of your country of residence remains unaffected.
atomAI Scribe (one-time purchase or yearly plan). Since 21 September 2026 we sell Scribe ourselves: the purchase contract is with us, we issue the invoice, and refunds go through us. Payment is processed by Stripe, which is the payment provider and not the seller. Purchases made through Gumroad before that date were concluded with Gumroad as merchant of record, and their terms and refund handling continue to apply to those. These Terms govern the software itself and this website in either case.
2. The Service
atomAI is a local-first workspace for content creators. The desktop application stores your working data (chats, notes, memory, projects, media) as files on your device; it can be used offline. An online account is required for paid plans, connected platform accounts and updates. The Service is developed continuously: features may change, be added or removed at any time, and occasional defects or interruptions are possible despite careful testing. Features that rely on third-party platforms or providers (for example YouTube, TikTok, payment providers or AI-model providers) depend on those third parties; if a third party changes, limits or withdraws access, the affected feature may be limited, changed or discontinued. None of this affects your statutory rights (see Section 10) or your right to cancel at any time.
2a. System requirements, compatibility and functionality
Before you buy, you should know what our apps need to run (Art. 246a § 1 (1) nos. 14–15 EGBGB):
- Windows only. The desktop app runs on Windows 10 / 11 (64-bit). There is currently no macOS, Linux, iOS or Android version, and none is promised.
- An internet connection is required to create an account, to verify your paid plan (at least once every 7 days), for platform connections (YouTube, TikTok), for updates and for anything that talks to those platforms. Your own files, chats and notes stay on your PC and remain readable offline.
- The AI runs locally on your PC; atomAI sets it up for you. Speed and the model sizes you can use depend on your own hardware (CPU, RAM, and a GPU if present) — a weak machine means slower answers or smaller models. Video export, subtitles and cutting also run locally and use your CPU/GPU.
- Some features depend on third-party platforms and their APIs (e.g. YouTube upload quotas). If a platform changes or restricts its API, the corresponding feature can change or stop working — that is outside our control.
- Technical protection measures: paid plans are tied to your account and are verified online. The app signs you out if it could not reach us to verify your plan for more than 7 days, when your paid period has ended and no new one is running, after 90 days without use, or when you change your password (which ends the sessions on all devices). You get straight back in by going online and signing in once. Cancelling does not sign you out: you keep access until the end of the period you paid for.
- atomAI Scribe runs on Windows 10 / 11 (64-bit) and needs a microphone; a graphics card is not required. It needs an internet connection to set it up (it downloads its speech model once) and to sign a device in; dictating itself works offline. About once a month Scribe goes online briefly to confirm that your account still owns it. The unlock is tied to your account and to the number of devices of your tier: one (Minimum), three (Standard) or ten (Maximum).
- atomAI Scribe Standard — one person: in addition to the cases above, Scribe may sign out a device of a Standard account if our automatic activation check indicates that the account is being used by more than one person at the same time (Section 3). This is not a step against your account: nothing is locked, deleted or charged, and you can sign in again straight away. If you believe it happened by mistake, write to [email protected] and a person will look at it. What the check processes is set out in our Privacy Policy (Section 2.12).
- Modified copies: atomAI checks whether its own program files are intact. If they are not, our server can refuse requests from that copy until you reinstall from atomai.pro; where that affects something you asked for, the app says so on the spot. This check never touches your local data, never blocks the app from starting, and never takes away a plan you paid for. Reinstalling clears it, and if you believe it is wrong, write to [email protected] and we will sort it out.
- Your local data stays yours and is never locked — files, chats, notes, memory and projects remain on your PC and readable with or without a plan, and uninstalling asks before it deletes anything.
3. Account
- You must provide accurate information and keep your credentials confidential.
- An account is for one single person. It is personal to you and must not be shared, lent, sold or otherwise made available to anyone else — not to a team, a colleague, a family member or a second creator. Every person who uses atomAI needs their own account and their own plan. You are responsible for all activity under your account.
- Your plan and its allowances (AI credits, exports, uploads, connected channels) belong to that one person. Using one account from several people, pooling several people's work through a single account, or selling, renting or lending your account is a breach of these Terms. What we do about it, in which order, and what happens to your money and your files is set out in Section 6a.
- atomAI Scribe follows the same rule: Minimum and Standard are for one person, on that person’s own devices (also at the same time). Maximum is the exception — it is made for a team, so you may let the people you work with sign in to Scribe with your account, on up to ten devices. This covers Scribe only, not the rest of your account (an atomAI plan stays yours alone), and you remain responsible for what happens under your account.
- You must be at least 16 years old, or have the consent of a legal guardian.
4. Plans, prices and billing
- atomAI offers a Free plan and the paid plans Basic, Plus and Professional. The current feature scope and usage limits of each plan are shown on the pricing page and in your account; they form part of the contract.
- All prices are in EUR and are charged in EUR. Monthly billing costs €11 (Basic), €22 (Plus) or €55 (Professional) per month. Yearly billing works out at €9, €18 or €45 per month and is charged once a year as €108, €216 or €540, which is more than two months cheaper than paying monthly.
- Subscriptions renew automatically unless you cancel. A monthly plan renews by one month. A yearly plan runs for one year and then continues month by month at the monthly price, so after the first year you can stop at any time with effect from the end of the month you paid for. We never charge a second year in advance. During the first year, cancellation takes effect at the end of that year. You can cancel in your web account, on our cancellation page (no sign-in needed) or by email.
- We may change the price or the contents of a plan for future billing periods with at least 30 days’ notice by email. A price increase applies to you only if you agree to it (one click in your account); if you do not agree, your subscription continues at your current price until either side terminates it under Section 11. Changes that only add to a plan, or that we must make for legal reasons, take effect without your agreement.
- Usage marked “unlimited” is subject to fair use (Section 6).
4a. How a purchase is concluded
- Our website and price lists are an invitation to order, not yet a binding offer. You place a binding order by pressing the pay button on the payment page of our payment provider Stripe. Until then you can check and correct everything you entered there, or simply go back.
- The contract is concluded when we confirm your order by email or unlock what you bought, whichever comes first.
- We store your order and the version of these Terms that applied to it, but there is no online archive of your contract. You receive the order details by email, your invoices are in your account, and the current Terms are always on this page.
- You pay through Stripe with the payment methods offered there. What you bought is unlocked for your account straight after payment.
- The contract language is English.
5. Right of withdrawal (consumers)
If you are a consumer in the EU/EEA you have a statutory 14-day right of withdrawal for every paid atomAI subscription you conclude — including a later one, even if you have withdrawn before. (atomAI Scribe is different, see the next paragraph.) Because you ask us to start the service immediately, the law (§ 357a (2) BGB) lets us keep a pro-rata amount for the days already provided. For the first withdrawal on an account we waive that and refund the full amount; on any further one we apply the statutory rule and refund what you paid minus the pro-rata value of the days you used. You can declare the withdrawal with one click in your account or, without signing in, at atomai.pro/withdraw. The full withdrawal notice and the model withdrawal form are set out in our Cancellation & Refund Policy, which forms part of these Terms.
atomAI Scribe works differently. For every Scribe contract — a one-time purchase, a yearly plan and an upgrade alike — there is no 14-day withdrawal period: before paying you expressly ask us to unlock it immediately and confirm that this ends your right of withdrawal (§ 356 (5) BGB). You declare this in a mandatory tick box that is not pre-ticked, and the confirmation email repeats it in writing. Without it no payment is started. Your rights if something is defective are untouched (Section 10). Instead of the withdrawal period you get the guarantee in Section 5a. The details are in the Cancellation & Refund Policy.
5a. 14-day money-back guarantee (atomAI Scribe)
In addition to your statutory rights we give a voluntary guarantee for paid Scribe purchases — the one-time purchases (Minimum, Standard, Maximum) and a yearly plan in its first 14 days:
- Guarantor: the provider named in the Imprint, at the address stated there.
- Content: if Scribe is not right for you, we refund the full purchase price. No reason has to be given. With a yearly plan the full year comes back and the contract ends at once; the monthly follow-on price after the first year is not covered (it can be cancelled any month anyway).
- Period: 14 days, counted from the day of your purchase.
- How to use it: confirm at atomai.pro/withdraw or atomai.pro/cancel (no sign-in needed) or in your account; the refund is then issued automatically. An email to [email protected] within that period works just as well.
- Effect: we refund the way you paid. Your access to Scribe ends with the refund and your devices are signed out.
This guarantee is voluntary. It is granted in addition to your statutory rights and does not limit them; your statutory rights apply free of charge and remain unaffected (§ 479 BGB).
6. Acceptable use and fair use
- You may not use the Service for unlawful content or purposes, to infringe third-party rights, or to disturb the operation of the Service.
- You may not circumvent, or attempt to circumvent, plan limits, usage metering or technical protections, and you may not resell the Service without our consent.
- “Unlimited” AI usage on the Professional plan means usage in the scope of one active human creator working normally. We may throttle or restrict automated, scripted or clearly excessive consumption after prior notice where reasonable.
- When you connect third-party platforms (YouTube, TikTok) you must comply with their terms; uploads you trigger through atomAI are your own publications.
6a. What happens if an account is misused
So that you know where you stand, these are the only steps we take against your account, in this order. (The automatic, self-healing checks described in Section 2a — the sign-out after 7 days offline, the refusal of requests from a modified copy and the Scribe Standard activation check — are not steps against you and are not a suspension: they run automatically, decide nothing about your account, and end the moment you sign in again or reinstall.)
- We contact you first and give you a reasonable chance to explain or stop, unless the misuse is deliberate and serious (for example selling access, or attacking the Service).
- Then, if needed, we limit the affected function or throttle it, before anything harsher.
- Suspension or termination is the last step. For a paid plan we terminate for cause only where a warning has failed or was unreasonable in the circumstances (§ 314 BGB).
- Your money: if we end a paid plan for cause, we refund the unused remainder of the period you already paid. We do not keep it as a penalty.
- Your files stay yours. Whatever happens to the account, your local data (chats, notes, memory, projects, exports) stays on your PC, is not deleted by us and is not locked. You can request a copy of the data we hold about you at any time (see our Privacy Policy).
Examples of misuse: sharing, lending, renting or selling your account or its access data; pooling several people’s work through one account; reselling the Service; circumventing plan limits or usage metering; automated or scripted consumption beyond one human creator’s normal use.
6b. Electrons (⚛)
- Electrons are a free loyalty feature: you can collect them (for example by inviting people to our Discord) and redeem them inside atomAI for extra usage or temporary perks.
- They have no cash value, are not money or a voucher, cannot be paid out, transferred or sold, and can only be redeemed inside atomAI. Nothing here is bought with money.
- Electrons obtained by faking invitations, throw-away or duplicate accounts, bots, or any other manipulation are void and may be removed.
- Because Electrons are free and additional, we may change or discontinue the programme with reasonable notice. Electrons already redeemed keep working for their stated duration; unredeemed Electrons expire when the programme ends. This does not affect anything you paid for.
7. Your content
You keep all rights to your videos, texts and other content. You grant us only the technical rights necessary to operate the Service (e.g. transmitting an upload you request to a platform, or processing statistics you request). We do not use your content to train AI models. Most processing happens locally on your device.
8. Third-party services
atomAI uses YouTube API Services for YouTube features. By using these features you also agree to the YouTube Terms of Service; Google’s Privacy Policy applies to Google’s processing. TikTok’s terms apply to its platform in the same way. atomAI is an independent product and is not affiliated with, or endorsed by, these platforms or any AI-model provider.
9. Availability
Local features of the app work offline. For online components (account, sync of plan status, platform connections, updates) we aim for high availability but do not guarantee uninterrupted access; maintenance interruptions are possible. That a feature we mark as experimental remains available in its current form is not part of the agreed characteristics of the Service unless we have expressly promised it.
10. Warranty and liability
- Statutory warranty rights apply.
- We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, and where we have assumed a guarantee.
- For slight negligence we are liable only for breach of essential contractual duties (duties whose fulfilment makes proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely), and only up to the damage that is typical and foreseeable for this kind of contract.
- Any further liability is excluded. Because atomAI is local-first, you are responsible for reasonable backups of your local files; we are not liable for data loss that regular backups would have prevented.
11. Termination
You may delete your account at any time in your web account. We may terminate free accounts with 14 days’ notice and any account for good cause (e.g. serious breach of Section 6) without notice. Paid periods already started are handled according to the Refund Policy.
If we ever discontinue the Service, we will terminate paid subscriptions with at least
three months’ notice by email and refund the part of any period you have paid for but can no
longer use. Your local files stay on your PC and remain readable: the workspace we write in
Documents\Atom is plain Markdown, and we will publish a final version of the app
that no longer requires signing in before shutting the servers down.
12. Changes to these Terms
We may amend these Terms for good reason (legal changes, new features, security). We will announce changes at least 30 days in advance by email or in the app. If you do not object before the change takes effect, the new Terms apply; we will point this out in the announcement. If you object, either party may terminate the contract with effect from the change date.
13. Final provisions
- German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, the mandatory protections of the law of your habitual residence remain applicable.
- We are neither obliged nor willing to participate in dispute-settlement proceedings before a consumer arbitration board (§ 36 VSBG).
- Should individual provisions of these Terms be invalid, the remainder stays in force.